COVID-19 has been the single greatest threat to our liberty since the 9/11/2001 terrorist attacks. It has come at us without much notice and we are still in a design-build stage of our response.  This is not a theoretical exercise. How we balance protecting health with protecting the life blood of our standard of living--our free market capital system, and our liberties, will have an impact that could define our future. 

So far, government has taken a conflicted approach on the virus. Our elected governor, who is operating under the constitutional check and balance of the Utah legislature under statute (see Utah Code Ann. Section 53-2a-206(3) which requires legislative approval of a statewide emergency declaration lasting more than thirty days), has determined that he trusts Utahns to wisely use their informed “discretion” and issued only a “directive,” to “Stay home, Stay safe.” He has not closed businesses by direct order. However, some local jurisdictions have issued orders under the authority of state law.

I applaud our governor for his willingness to trust us, standing against national pressure to circumvent adult choices by forcing Utahns to exercise good judgment and social responsibility. However, his voice is nullified when other well-intended entities exceed state directives.

What is on the line here? Mandatory, rather than discretionary, shutdowns are destroying the confidence of entrepreneurs to invest in business and jobs. If investors and entrepreneurs lack confidence in the predictability of a decision to operate a business, they will decline to engage and we will be left with no real alternative than to involve the government in our economy. 

As your attorney general in 2013, I swore an oath to defend the Constitution, which in my view requires a stance against creeping socialism or a government-driven economy in any fashion.  Because COVID-19 has placed “liberty” at a forefront in this campaign, I want you to know how I would protect free markets under the impact of COVID-19 as your next attorney general, taking the same oath.

I propose the following principle-centered remedies for combating a COVID-19 related attack on our free market economy:

 
1. Protect Utah sovereignty by resisting all federal mandates, with immediate legal intervention if necessary.

2. Enforce the legislative check and balance of Utah law to limit executive overreach (see Utah Code Ann. Section 53-2a-206(3): "A state of emergency may not continue for longer than 30 days unless extended by joint resolution of the Legislature, which may also terminate a state of emergency by joint resolution at any time.”

3. As the legal department of the State of Utah, dedicate attorney general resources to promote and legally advise on a small business recovery initiative, under principles of Reaganomics, that would:
            a. Create incentives for investments into small business growth through results-driven tax breaks, credits and government-guarantied loans for business-related costs.
            b. Reward charitable giving by temporarily expanding tax deductions to include donations and potentially even investments into small businesses.
            c. Consider reasonable and measured regulatory relief to streamline and cut red tape for businesses, including loan regulations with respect to FDIC-insured banks.
            d. Resist taxpayer-funded redistribution of wealth through merely giving money away without a requirement of it being used to promote capitalism. Money flowing from taxpayers must be used for investment, not idleness.

4. Invest in funded and public service education regarding the critical role of capitalism, free markets and how we can fight a government-driven economy by affirmatively and intentionally supporting small business recovery through using dollars to patronize small business.

5. While acknowledging the importance of local counties and cities, I would promote a change in the law to require a local government to seek state approval before going beyond a state directive or order concerning health-related matters during a statewide emergency. There are high state sovereignty interests in such a policy, which include state budgets and individual liberties.

6. Carefully and proactively track every action proposed or taken by state and local governments to ensure they do not violate our constitutional protections and liberties.